Friday, June 06, 2008

Ruling elite above the law

An article in 'Obozrevatel' informs readers that in response to questions concerning her Ukrainian citizenship, 'first?' lady Kateryna Yushchenko published a response on 3rd June in which she claims she had revoked her US citizenship at the end of August 2007.

Curiously, the official presidential site informs readers that she received her Ukrainian citizenship in 2005, so for two years she benefited from being a citizen of both the USA and of Ukraine. According to Ukrainian law this is illegal.

Oboz compares this to the situation in which Davyd Zhvanya now finds himself. He was one of Yushchenko's and Orange Revolution's main financial sponsors, but is now being hounded for allegedly obtaining Ukrainian citizenship improperly. Perhaps not coincidentally, he has been most critical of the president and his close associates' recent behaviour.

Oboz concludes: "Speaking totally bluntly, Ukrainian civil servants (both in power and in opposition - makes no difference) have become so detached from their fellow citizen-voters, living in their own devised, comfortable world, that in a few years we will not be discussing the format of authority, rather the raising of black banner of anarchy."

NUNS say they will support Andriy Kozhemyakin's appointment to head Ukraine's State Property Fund. This is excellent news - to discover more about this man's previous activites, key in his surname into 'foreignnotes' "search blog" box.. Yushchenko and Rinat Akmetov will not be happy about this..

p.s. LEvko is busy moving house, so is not keeping up with events as much as usual..apologies for this.

7 comments:

A citizen of Ukraine shall not be deprived of citizenship and of the right to change citizenship.

A citizen of Ukraine shall not be expelled from Ukraine or surrendered to another state....

Once a person is granted citizenship they are protected by the provisions of Ukraine's constitution.

But then the constitution often is breached carelessly even by its Head of State.

Article 6

State power in Ukraine is exercised on the principles of its division into legislative, executive and judicial power.Bodies of legislative, executive and judicial power exercise their authority within the limits established by this Constitution and in accordance with the laws of Ukraine.

Article 8

In Ukraine, the principle of the rule of law is recognised and effective.

The Constitution of Ukraine has the highest legal force. Laws and other normative legal acts are adopted on the basis of the Constitution of Ukraine and shall conform to it.

The norms of the Constitution of Ukraine are norms of direct effect. Appeals to the court in defence of the constitutional rights and freedoms of the individual and citizen directly on the grounds of the Constitution of Ukraine are guaranteed.

Article 19

The legal order in Ukraine is based on the principles according to which no one shall be forced to do what is not envisaged by legislation.

Bodies of state power and bodies of local self-government and their officials are obliged to act only on the grounds, within the limits of authority, and in the manner envisaged by the Constitution and the laws of Ukraine.

and last but not least

Article 58

Laws and other normative legal acts have no retroactive force, except in cases where they mitigate or annul the responsibility of a person.

No one shall bear responsibility for acts that, at the time they were committed, were not deemed by law to be an offence.

Yushenblko has breached all of the above most notably his attempt to interfere with the independence and operation of Ukraine's Constitutional Court when his attempt top dismiss a member of the Court was declared illegal he then sort to declare her appointment null an void. Contrary to all principle of law and Ukraine's constitution.

If the head of state shows nothing but contempt for the law of Ukraine what hope and respect can you expect from others.

I agree that Yush does not always do as the constitution says...and I have lost my respect for this man. But...regarding the Constitutional Court judge that anonymous mentions that Yush dismissed...let's just say...had any CC judge in any democratic country...accepted the $12,000,000 gift given to her family by PoR...that particular judge would not only have been impeached but sent to prison.

Gene these are serious allegations BUT as yet unproven. The constitutional court is made up of 18 persons. No one single judge has complete monopoly on the judgments of the court. You would need to bribe all judges. Which is a bit beyond belief. Yushchenko has a legal and constitutional majority to ensure due process. His direct illegal interference in the operation for the Constitutional Court was without any doubt aimed at perverting the course of justice in Ukraine and prevent the Court from ruing against his decrees.

This is a serious offence and one that would not have been allowed to have stand in a Western Democracy.

All three judges he illegally dismissed where known to be opposed to his rulings.

In the end the Court votes as a whole and MUST also write up their determinations/rulings. It is then that the decision of the court can be subjected to review and professional assessment.

Given the extent and effort of Yushchenko to ride rough shod over Ukraine's constitutional order one has to question the veracity of the allegations made against the CC judge. she like anyone else has the right to a fair trial and not ta US style Lynch mob trail by media and innuendo

I doubt you have any evidence to support your conclusion.

Yuschenko is not jude jury anmd prosecutor.

Ukraine's Supeme court, rightly, found that Yushchenko dismissal of MS Stanik to have been illegal.

Again, if a head of a state in the west acted illegally and unconstitutionally in the interferenace of the courts they would face impeachment.

Rule of law is about due process.

I suggest you read up on speaches from Gore Vidal about rule of law and democracy.

The rock upon which a democratic government rests is its constitution--the formal statement of its fundamental obligations, limitations, procedures, and institutions. The constitution of the country is the supreme law of the land, and all citizens, prime ministers to peasants alike, are subject to its provisions. At a minimum, the constitution, which is usually codified in a single written document, establishes the authority of the national government, provides guarantees for fundamental human rights, and sets forth the government's basic operating procedures.

Due Process

No one is above the law, which is, after all, the creation of the people, not something imposed upon them. The citizens of a democracy submit to the law because they recognize that, however indirectly, they are submitting to themselves as makers of the law. When laws are established by the people who then have to obey them, both law and democracy are served.

In every society throughout history, Frank points out, those who administer the criminal justice system hold power with the potential for abuse and tyranny. In the name of the state, individuals have been imprisoned, had their property seized, and been tortured, exiled and executed without legal justification--and often without any formal charges ever being brought. No democratic society can tolerate such abuses.

Judges may be either appointed or elected to office, and hold office for specified terms or for life. However they are chosen, it is vital that they be independent of the nation's political authority to ensure their impartiality. Judges cannot be removed for trivial or merely political reasons, but only for serious crimes or misdeeds--and then only through a formal procedure, such as impeachment (the bringing of charges) and trial in the legislature.

I note that the US ambassador sate back and made no comment whilst Ukraine's constitution, rule of law and due process was breached and denied by Ukraine's head of state. I am sure if such action happened in Russia, for example, the US State office would be very critical.

Resolve, that Viktor Andriyovych Yushenko be impeached for high crimes and misdemeanors, and that the following articles of impeachment be exhibited to the Rada of Ukriane.Articles of impeachment exhibited by the Rada of the Ukraine, in the name of itself and of the people of the Ukriane, in maintenance and support of its impeachment against President Viktor Andrriyovych Yushenko for high crimes and misdemeanors.

In his conduct while President of the Ukraine, Viktor Andrriyovych Yushenko , in violation of his constitutional oath to abide by the Constitution of Ukraine and the laws of Ukraine, failed to faithfully execute the office of the President of the Ukraine, and to the best of his ability, to preserve, protect and defend the Constitution of the Ukraine and in violation of his constitutional duty to take care that the laws be faithfully executed, in the process diminished the prestige of Ukraine in the world, has committed the following abuses of power and breaches of Ukraine's Constitution and laws of Ukraine....